Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2025] FWCA 2931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2025/2894)

FORCE CONTRACTS PTY LTD AND CEPU – PLUMBING DIVISION (VIC) PLUMBING ENTERPRISE AGREEMENT 2024 – 2027

Plumbing industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2025

Application for approval of the Force Contracts Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Force Contracts Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 1 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Force Contracts Pty Ltd (the Employer) presented a case concerning the approval of the Force Contracts Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027. The Union, representing employees within the plumbing sector, sought approval for the agreement to ensure fair and equitable terms for its members. The Employer contested certain provisions, arguing they were not fair and reasonable in the broader context of the industry and economic conditions.

The legal issues before the Commission centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Key areas of contention included the adequacy of the agreement's provisions regarding wages, hours of work, and other conditions of employment. The Commission had to determine if the agreement provided for fair and reasonable terms and conditions, taking into account various factors such as the needs of the employees, the nature of the business, and the overall economic environment.

The Fair Work Commission carefully examined the terms of the agreement, weighing the submissions from both parties. The Commission considered the evidence presented on the industry benchmarks, the economic context, and the specific needs of the employees. Ultimately, the Commission found that the agreement, while containing provisions that were contentious, did meet the overall criteria for approval. It provided for fair and reasonable terms and conditions for the employees, taking into account the broader context of the industry and the economic environment. The Commission approved the agreement subject to certain modifications to address specific concerns raised during the hearing.

The final orders of the Commission included the approval of the Force Contracts Pty Ltd and CEPU – Plumbing Division (Vic) Plumbing Enterprise Agreement 2024 – 2027, with modifications to specific provisions to ensure they met the statutory criteria for fairness and reasonableness. These modifications addressed the concerns raised by the Employer, ensuring that the agreement would operate effectively within the legal framework established by the Fair Work Act 2009.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established